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Global Public Interest in International Investment Law

2012-07-12 Law
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Release : 2012-07-12
Genre : Law
Kind : eBook
Book Rating : 886/5 ( reviews)

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Book Synopsis Global Public Interest in International Investment Law by : Andreas Kulick

Download or read book Global Public Interest in International Investment Law written by Andreas Kulick. This book was released on 2012-07-12. Available in PDF, EPUB and Kindle. Book excerpt: The strengths of international investment law - above all, a strong focus on investor interests and an effective adjudication and enforcement system - also entail its weaknesses: it runs the danger of impeding or even sanctioning the host states' legitimate regulatory interests and ignoring other fields of public international law. How does it cope with public interest concerns such as human rights, the environment or the fight against corruption? At the heart of this book lies a fresh approach towards a general theory of such global public interest considerations in the investment realm. Delineating how and why those considerations matter, and why the current system does not accommodate them properly, Andreas Kulick fleshes out general principles and customary international law as defences the host state may raise against alleged investor rights infringements and promotes proportionality as the appropriate balancing mechanism.

International Investment Law and Policy in Africa

2017-09-08 Business & Economics
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Release : 2017-09-08
Genre : Business & Economics
Kind : eBook
Book Rating : 811/5 ( reviews)

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Book Synopsis International Investment Law and Policy in Africa by : Fola Adeleke

Download or read book International Investment Law and Policy in Africa written by Fola Adeleke. This book was released on 2017-09-08. Available in PDF, EPUB and Kindle. Book excerpt: This book studies the international investment law regime in Africa and provides a comprehensive analysis of the current treaty practices in Africa from global, regional and domestic perspectives. It develops a public interest regulation theory to highlight the role of investment regulation in sustainable development and the protection of human rights. In doing so, the book identifies seven factors that should be considered by arbitrators in resolving international investment disputes that affect the public interest. It considers how corporations can be held accountable through investment treaties in the absence of a global treaty on business and human rights while protecting the rights of investors and their investments. Furthermore, the book explores the current objectives and features of investor-state dispute settlement (ISDS) as well as the deficiencies and its intersection with the rule of law. It identifies alternatives for ISDS and the extent to which these alternatives address the objectives of attracting investment, depoliticise investment disputes, promote the rule of law and offer remedies to investors. These solutions are offered in relation to the protection of human rights, the promotion of sustainable development and the right of states to introduce domestic public interest regulation. Finally, the book takes a prospective stance and discusses future trends for dispute settlement and investment rulemaking in Africa.

International Investment Law and Comparative Public Law

2010-10-14 Law
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Release : 2010-10-14
Genre : Law
Kind : eBook
Book Rating : 100/5 ( reviews)

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Book Synopsis International Investment Law and Comparative Public Law by : Stephan W. Schill

Download or read book International Investment Law and Comparative Public Law written by Stephan W. Schill. This book was released on 2010-10-14. Available in PDF, EPUB and Kindle. Book excerpt: International investment law is one of fastest-growing areas of international law, but it is plagued by the vagueness of many investors' rights and unpredictable investment tribunal decisions. This books analyses international investment law through the lens of comparative public law to clarify investment treaty obligations and arbitral procedure.

Global Public Interest in International Investment Law

2014-05-14 LAW
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Release : 2014-05-14
Genre : LAW
Kind : eBook
Book Rating : 871/5 ( reviews)

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Book Synopsis Global Public Interest in International Investment Law by : Andreas Kulick

Download or read book Global Public Interest in International Investment Law written by Andreas Kulick. This book was released on 2014-05-14. Available in PDF, EPUB and Kindle. Book excerpt: The strengths of international investment law - above all, a strong focus on investor interests and an effective adjudication and enforcement system - also entail its weaknesses: it runs the danger of impeding or even sanctioning the host states' legitimate regulatory interests and ignoring other fields of public international law. How does it cope with public interest concerns such as human rights, the environment or the fight against corruption? At the heart of this book lies a fresh approach towards a general theory of such global public interest considerations in the investment realm. Delineating how and why those considerations matter, and why the current system does not accommodate them properly, Andreas Kulick fleshes out general principles and customary international law as defences the host state may raise against alleged investor rights infringements and promotes proportionality as the appropriate balancing mechanism.

Public Interests in International Investment Law

2019-01-17 Law
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Release : 2019-01-17
Genre : Law
Kind : eBook
Book Rating : 003/5 ( reviews)

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Book Synopsis Public Interests in International Investment Law by : Qiang Ren

Download or read book Public Interests in International Investment Law written by Qiang Ren. This book was released on 2019-01-17. Available in PDF, EPUB and Kindle. Book excerpt: Are conflicts between the ‘old capitalists’ and ‘new money’ manifest in today’s economy? Are investment treaties, which have traditionally been used to protect capital exporting states, now beginning to cause unwelcome side effects for them? International investment law has long been held as an economic and political instrument in the regime of international investment, with international investment treaties having been concluded to protect foreign investment and investors for a substantial period of time. However, the emerging new economic powers from the Third World are causing this to change. Taking the unique perspective of environmental protection in host states against states’ obligations to protect and promote foreign investments under the existing international investment treaty practice and dispute settlement practices, this book examines this inescapable conflict. This is the first major work in this field to interpret investment treaty provisions by introducing environmental reflection. It offers proposals for rethinking and reshaping the current pro-investor international investment law through taking up broad environmental exceptions.

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